N.J.S.A. 2C:29-9: Restraining Order Violations

A restraining order is a court order that bars a person from engaging in certain behavior. A victim of domestic violence in New Jersey can obtain a restraining order. A restraining order can instruct the alleged abuser to do any of the following: to stop harassing the victim, to stay away from the victim’s place of work or home, or can require the accused to pay child support. Although a restraining order is a civil order, a violation of a temporary or permanent order can result in criminal penalties.

Penalties for Violating a Restraining Order

A person is guilty of civil and criminal contempt if they violate a temporary or permanent restraining order. According to N.J.S.A. 2C:29-9, a person is guilty of a fourth degree criminal offense if they purposely or knowingly disobeyed:

• An order issued under a provision of the Prevention of Domestic Violence Act of 1991; or

• An order issued under a similar provision by another state or the U.S. when the conduct that violates the order is also a crime or a disorderly persons offense.

A person convicted of a second or subsequent nonindictable domestic violence contempt offense is subject to a term of imprisonment for no less than 30 days. A person convicted of a disorderly persons offense is subject to a term of incarceration for no more than six months. If, in addition to a restraining order violation, the accused also committed an act of domestic violence or another criminal offense, additional criminal penalties for the independent act may apply.

New Jersey restraining order violations are serious criminal offenses. If you have been accused of a restraining order violation, a New Jersey criminal defense lawyer may be able to help. Contact The Cintron Firm at (201) 791-1333 for a consultation. Our firm has offices located in Ridgefield Park, New Brunswick, Montclair, West New York and Parsippany.